Chapter 16: Causes Mitigating Tyranny in the United States

Distinction Between Centralized Government and Administration

• Centralized Government vs. Centralized Administration:

  • The United States has a centralized government.

  • Centralized administration is nearly unknown in the U.S.

  • The effective governance requires both centralized powers to execute and command.

• Impact of Centralized Administration:

  • If the American majority had both the power to command and control, the elimination of freedom would be imminent.

  • The central government in the U.S. deals primarily with prominent issues and has not extended its reach to secondary affairs.

• Current State:

  • The majorities have not increased the central government’s powers significantly, so while majority despotism exists, it is restricted to certain areas.

  • Execution of laws relies on local agents, creating barriers against tyranny.

Influence of Majority in Governance

• Limitations of the Majority's Power:

  • The American majority often acts despotically but lacks full authority to impose tyranny across all facets of life.

  • Popular excitement can be checked by local government structures like townships and counties.

• Protection Against Oppression:

  • Even if oppressive laws are enacted, execution constraints offer protection against tyranny because the majority is not equipped to control every detail of governance.

• Lack of Awareness:

  • The populace does not fully comprehend the extent of their authority or the resources of governance.

Risks of a Centralized Administration in a New Democratic Republic

• Hypothetical Scenario:

  • If a country previously governed by centralized authority transitions to a democratic republic, stronger despotism could arise than in existing monarchies, especially in Europe or Asia.

Role of the Legal Profession in U.S. Democracy

• Counterbalancing Democracy:

  • The legal profession serves as a substantial security against the excesses of democracy.

  • Historical Perspective: Legal professionals played various roles in political strife in Europe for over five centuries.

• Characteristics of Lawyers:

  • Lawyers cultivate habits that favor order, formality, and respect for established connections, countering revolutionary zeal.

• Social Position of Lawyers:

  • Lawyers are often viewed as enlightened individuals, being necessary arbiters between citizens.

  • They harbor some aristocratic tastes that foster skepticism towards direct democracy.

• Potential for Revolt:

  • When excluded from political ranks, lawyers may become advocates for revolution.

Nature of Legal Class in Society

• Ambition and Class Dynamics:

  • Ambitions of legal professionals can lead to conflicts within their ranks, pushing some towards revolutionary ideals.

  • Lawyers typically are conservative and anti-democratic unless they face exclusion from power.

• Monarchs and Legal Advisors:

  • Monarchs can leverage lawyers for governance, as they align more closely with authority than with common people.

The Influence of Law on American Society

• Legal Authority in Governance:

  • Lawyers favor public order and legality over mere authority and are generally resistant to arbitrary power.

  • Their political efficacy increases in democratic contexts as the wealthy and noble classes are excluded.

• Trust among People:

  • The public feels secure under the counsel of lawyers, recognizing their alignment with popular interests.

Judiciary and Legal Tradition in the U.S.

• Role of Judges:

  • Judges act as guardians of the law and political stability, emphasizing the importance of the judicial authority in democracy.

  • The American judiciary has powers, such as declaring laws unconstitutional, to ensure adherence to democratic principles.

• Concerns About Judicial Power:

  • There is a movement towards diminishing judicial authority in state constitutions that could undermine democratic stability.

The Role of Trial by Jury

• Trial by Jury as Political Institution:

  • The jury serves both judicial and political roles.

  • It represents a form of governance where authority lies with the governed rather than the governors.

• Historical Context:

  • The privilege of juries has been a hallmark of English and American governance, influencing legal traditions worldwide.

• Democratic Element:

  • The institution reflects direct citizen governance and involvement in law execution.

• Effect of Jury on Society:

  • The jury educates citizens about laws and promotes accountability, fostering political virtue among individuals.

• Dimensions of Jury Influence:

  • The civil jury empowers everyday citizens, instilling a sense of duty and responsibility towards societal governance.

The American Jury’s Distinct Character

• Comparison with Other Countries:

  • American juries differ in that they integrate civil causes with political elements, countering tendencies towards despotism.

  • The jury's influence can enhance the legal spirit across societal classes.

• Educational Impact:

  • Participation in jury duty serves as an informal education system, enhancing practical intelligence and political acumen among citizens.

• Judicial Influence:

  • The jury system reinforces respect for legal processes and judgment, key for nurturing democratic resilience.